Prior consultation in Latin AmericaSymposium

Prior Informed Consent – the Case of Peru

The Wrong Kind of Right? Prior Consultation between Contestation and Meaninglessness in the Peruvian Amazon

In 2011 Peru has adopted a contested legislation on prior consultation that is based on Convention 169 of the International Labor Organization (ILO C 169). In this contribution, I look at the first state-led prior consultations which were implemented in the Peruvian Amazon. The central questions is, how these processes can be interpreted in terms of norm legitimacy and human rights’ compliance. In contrast to other studies this will not …

READ MORE →

Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Colombia

Prior Consultation in Colombia: Paradoxes of Inclusion through Tribalization

Prior Consultation in the Colombian Context After a five-decades-old internal conflict that hurts mainly rural areas, Colombia is currently one of the most unequal countries in the world (12º place by Gini index of family income). It has one of the highest homicide rates worldwide (10º place in 2013, with an average of 80 massacres per year from 1980 to 2012) and around six million people have been forcibly displaced, …

READ MORE →

Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Brazil

Ambivalent implementation – Creating a framework for prior consultation in Brazil

ILO Convention 169 – an old but still powerful tool Adopted in 1989, Convention 169 of the International Labor Organization is the only internationally binding legal document that defines indigenous and tribal people’s rights, with a special focus on the right to consultation and participation in legislative and administrative measures that might affect territories of these people. The Convention today is ratified by 22 countries worldwide, 15 of them in …

READ MORE →

Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Bolivia

Legal Anthropological Experience in the Field of Indigenous Peoples Contemporary manifestations of neo-colonialism in the form of liberal market fundamentalism have facilitated the expansion of multinational corporations and foreign investment. As a consequence of influential farming and forestry industries as well as extractive operations, indigenous peoples around the world have been dispossessed of their land, territories and natural resources. Resulting from long-lasting negotiations the UN Declaration on the Rights of …

READ MORE →